도로교통법위반(음주운전)
The defendant shall be innocent.
1. On April 28, 2015, the Defendant: (a) around 23:45, while under the influence of alcohol concentration of 0.111%, driven a motor vehicle with approximately five meters of 5 meters per annum E AW in front of a D cafeteria located in Gwangju Mine-gu C.
2. The Defendant and the defense counsel asserted that they had a usual flag on “N” and parked a vehicle by using a sbroke. On the day of the instant case, the Defendant and the defense counsel parked the vehicle.
Since then, the defendant saw a drinking in his place, saw a substitute engineer, was waiting to sit in the steering place, and then saw a stop, but later, changed from N to D, due to the mispercing of the paradivers, and the Maddbrack caused the failure of the Madbck, thereby driving the vehicle in the future.
Therefore, the Defendant did not drive a vehicle intentionally.
3. Article 2 subparagraph 26 of the Road Traffic Act provides that the term "driving" refers to the use of a vehicle or horse on the road in accordance with its original purpose and use. Since the concept of driving referred to in this context includes a purpose element in light of the content of the provision, it is not a driving in the case of a vehicle driving without a person's intent or involvement (see, e.g., Supreme Court Decision 2004Do1109, Apr. 23, 2004).
(1) Date and place identical to the facts charged.